Les émanations engagent-elles la responsabilité des Etats? Etude de droit international des investissements
When having established a contract with a foreign private investor, State 'emanations'endowed with their own legal personality are able to be involved in international arbitral proceedings. This raises in particular the issue of how to define and identify such emanations of a sovereign State and whether the purported breaches by these entities of that State's international legal obligations in the field of investments are to be attributed to theState or to themselves. Although there is currently a growing application of public international law rules and criteria in particular by ICSID Tribunals, some diversity remains in the answers given by different tribunals, may it be within the ICSID, the NAFTA or other systems of arbitration. This may be explained by the specificities of each case, both factualand legal; but it may also raise at times the issue of whether all arbitrators apply the same rules in the same way.
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